Here's the setup... two homeless men, living in their car. Car is parked inside the fence of a local junkyard with the permission of the owner, stating they can live in their car on the property. Owner also tells them they can collect cans for recycling, etc.

A week later, owner's attendant calls in a burglary in progress. Turns out the two homeless have been recycling radiators out of the junked cars. According to them, they've made 2-3 trips and they state that workers at they yard observed and knew.

Their car is in the fence, with 13 radiators in the trunk and back seat. Owner wants them arrested, and wants them off the property.

Long story (and many interviews) later, we decide not to arrest, the gentlement agree to not take these, or any other, radiators. We advise the owner to discuss eviction/options with his attorney or the local JP court. We file an information report.

Looking at the law, it seems that had we wanted to, we could have applied charges of BMV because they entered a vehicle and took something without permission. Or theft...

13 Class A misdemeanors (1 per radiator), or aggregate (~$50/ea, $650 total value), still a misdemeanor.

Thoughts?

Mike

I say trespass notices all around and call it a day.